Supreme Court
Dec 09, 2022
Succession & Custom
Compensation
~7 min read
Kamla Neti (Dead) through LRs v. The Special Land Acquisition Officer & Ors.
Civil Appeal No. 6901 of 2022 • Decided on 09 December 2022 • India
Author: Gulzar Hashmi
Location: India
CASE_TITLE • PRIMARY_KEYWORDS • SECONDARY_KEYWORDS
Slug: kamla-neti-dead-v-the-special-land-acquisition-officer-and-ors
Quick Summary
This case explains whether the Hindu Succession Act, 1956 (HSA) applies to members of Scheduled Tribes (STs) in a dispute over land acquisition compensation.
- The Supreme Court held that Section 2(2) HSA excludes STs unless the Central Government issues a notification.
- The appellant, a daughter, claimed a share in compensation under HSA. The Court rejected the claim because customary tribal law applied.
- The Court cited Labishwar Manjhi v. Pran Manjhi (2000): HSA may apply only if the ST group has adopted Hindu customs.
- The Court flagged gender inequality in tribal succession and urged the legislature to consider reform.
Issues
- Does the HSA apply to members of Scheduled Tribes for property rights?
- Is a daughter entitled to a share in compensation on survivorship under HSA when the land belongs to an ST family?
Rules
- Section 2(2), HSA: The Act does not apply to Scheduled Tribes unless the Central Government notifies otherwise.
- Constitutional context (Arts. 14 & 21): Inequality exists in many tribal succession rules; however, any change must be made by Parliament, not by re-interpreting HSA to cover STs.
Key Precedent: Labishwar Manjhi v. Pran Manjhi, (2000) 8 SCC 587 — HSA may apply to STs only if their established customs mirror Hindu practices.
Facts (Timeline)
Original Owner: Late Satyananda Negi owned the land.
Post-Death: Under customary ST law, the land devolved on his two sons, Chakradhar and Gajadhar.
Family: Chakradhar had four sons and a daughter (the appellant, Kamla Neti). Gajadhar had two daughters.
Acquisition: The land was acquired for a government project. Compensation of ₹5,97,35,754 was paid to male heirs.
Claim: Kamla Neti filed under Section 30, Land Acquisition Act, seeking 1/5th share.
Trial Court: Rejected the claim — HSA inapplicable to STs by Section 2(2); customary law favoured male heirs.
High Court (Odisha): Dismissed the appeal; confirmed HSA inapplicability to STs absent Central notification.
Supreme Court: Appeal dismissed; reiterated exclusion and highlighted need for legislative reform.
Arguments
Appellant (Daughter)
- HSA should govern succession; daughter entitled to a survivorship share.
- Compensation is a substitute for land; sharing must reflect legal heirs’ rights.
Respondents (Male Heirs)
- Parties are ST; Section 2(2) HSA excludes application.
- Customary law governs; daughters have no inheritance under the custom proved.
Judgment (Held)
- Appeal dismissed. HSA does not apply to STs unless the Central Government notifies otherwise.
- No proof that the parties followed Hindu customs to attract HSA.
- High Court’s view affirmed; compensation share under HSA was rightly denied.
- Court noted the inequity in excluding ST daughters but reform must come from Parliament.
Ratio
Section 2(2) HSA is a clear bar. Unless there is a Central notification or proof of adoption of Hindu customs by the ST group, succession is governed by their customary law, not HSA. Compensation replaces land and follows the same rule.
Why It Matters
- Clarifies the boundary of HSA for ST communities.
- Highlights the need for gender-just reform in tribal succession.
- Guides courts and authorities on compensation apportionment when ST custom applies.
Key Takeaways
HSA Exclusion
STs are outside HSA unless the Centre notifies otherwise.
Custom Prevails
Proved customary law governs both land and its compensation.
Equality Concern
Court acknowledged inequality; asked Parliament to consider reform.
Proof Needed
HSA can apply to STs only with clear proof of Hindu customs.
Mnemonic + 3-Step Hook
Mnemonic: “ST ≠ HSA, unless Notified”
- Check Status: Are parties ST? If yes, go to custom.
- Check Notification: Any Central notification? If yes, HSA may apply.
- Check Custom Proof: Have Hindu customs been adopted? If yes, HSA can apply per Labishwar Manjhi.
IRAC Outline
| Issue | Rule | Application | Conclusion |
|---|---|---|---|
| Does HSA apply to this ST family for sharing compensation? | Section 2(2) excludes STs unless notified; custom governs otherwise. | No notification; no proof of adopting Hindu customs. Customary law applies. | HSA inapplicable; appellant not entitled. Appeal dismissed. |
Glossary
- Scheduled Tribe (ST)
- Communities listed under the Constitution for special protection and policy support.
- Customary Law
- Rules followed by a community over time, recognized by courts when proved.
- Section 2(2), HSA
- The provision that keeps STs outside the Hindu Succession Act unless notified by the Centre.
FAQs
Yes, but only if there is a Central Government notification or if the community has adopted Hindu customs and that is proved in court.
Compensation is treated as a substitute for the land. It follows the same succession rule that applied to the land.
Cite Section 2(2) HSA, the holding on custom over HSA for STs, and Labishwar Manjhi for the Hindu-customs exception.
No. The Court recognized the inequality but said that only the legislature can change the law for ST succession.
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